The Maryland Court of Appeals recently ruled that a child has the right to attend their own Child in Need of Assistance (CINA) hearing. This decision came after the court found that excluding the child from the hearing violated her procedural due process rights. The ruling affects not only the child involved but also sets a precedent for future cases regarding the rights of minors in similar situations.
The case, known as In re: K.B., No. 60, September Term, 2025, was filed on July 24, 2026. The court's decision is significant as it clarifies the legal standards surrounding a child's participation in CINA proceedings, which can have profound implications for their care and custody.
Background
K.B., born in 2012, has been under the custody of her grandmother since 2016 due to her mother's intellectual disabilities. In June 2023, the Worcester County Department of Social Services petitioned to have K.B. adjudicated as a CINA, citing concerns about her missed medical appointments and academic struggles. The juvenile court allowed K.B. to remain in her grandmother's custody under protective supervision.
Over time, the juvenile court held several review hearings regarding K.B.'s case. However, a magistrate eventually recommended that K.B. be removed from her grandmother's custody. Both K.B. and her grandmother filed exceptions to this recommendation. During the subsequent de novo hearing, K.B. was excluded from the courtroom, despite her attorney's objections. The juvenile court believed it was not in K.B.'s best interest to hear the testimony presented during the hearing.
The juvenile court ultimately adopted the magistrate's recommendation, leading to K.B.'s removal from her grandmother's custody. This decision was affirmed by the Appellate Court of Maryland, prompting K.B. to appeal to the Maryland Court of Appeals.
The Ruling
The Maryland Court of Appeals ruled that K.B.'s exclusion from her own CINA hearing violated her procedural due process rights. The court stated, "The juvenile court violated Petitioner’s right to procedural due process when it excluded her from her own CINA proceeding." The court emphasized that a child in a CINA proceeding has a right to attend and participate in their own hearing unless specific findings justify exclusion.
Judge Eaves, writing for the court, established a test for when a child may be excluded from their own CINA hearing. The court ruled that a juvenile court must balance the child's well-being against their due process interests in attending the hearing. The court found that the juvenile court had failed to make any particularized findings regarding K.B.'s situation, thus violating her rights.
Impact
This ruling has significant implications for future CINA cases in Maryland. It establishes that children have a fundamental right to participate in proceedings that directly affect their lives. The court's decision reinforces the importance of procedural due process in juvenile court settings, ensuring that children's voices are heard and considered.
The ruling also sets a precedent that could influence how juvenile courts handle the participation of minors in future CINA proceedings. By clarifying the legal standards regarding a child's presence in court, the court has opened the door for greater advocacy on behalf of children in similar situations.
What's Next
While K.B.'s appeal is now moot due to the juvenile court's subsequent decision to restore custody to her grandmother, the court's ruling may prompt changes in how juvenile courts operate. There is no indication that this case will be appealed further, but it may lead to related cases addressing children's rights in CINA proceedings.